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Parental Parity Bill (House Bill 4664)
What Is it?
This bill would make 50/50 joint physical custody the presumption in all child custody cases. This is a rebuttable presumption -- that means if there is evidence that one parent should not have joint custody the court still has the option of awarding sole physical custody to one parent.
Joint custody requires the parents to cooperate -- what if my ex will not?
The bill provides that if one parent is unwilling to be cooperative, then the court shall consider awarding sole physical custody to the non-offending parent.
Why is this law necessary? Can't I seek joint physical custody at the time of my divorce?
This law is necessary because the presumption right now is that the mother will get sole physical custody. Mothers (and their lawyers) know this and are almost always unwilling to even consider joint physical custody. For many women having the kids means having the power, and they can use this situation to punish and alienate the father. Woman initiate divorce in 75% of the cases -- and why not? They know they'll get the kids. Additionally, the system gives mothers a financial incentive to seek sole physical custody with minimal visitation -- they get more child support that way.
Can't I file for joint physical custody? Sure you can, but you are unlikely to get it. A child custody dispute is a long, drawn out process that requires lots of legal help and the involvement of specialists, like court appointed custody evaluators. A custody dispute can easily cost more than $20,000. How many fathers have that kind of money? The present process is great if you are a lawyer, but devastating for kids and families. Oh, and by the way, at the end of this process you as the father may get stuck with a portion of your ex's legal expenses on top of your own. When a father loses a custody dispute, he loses big. The presumption in the courts right now is that mom gets custody -- most men don't even attempt joint custody as they are unlikely to win.
Are laws like this on the books in other states?
Yes, several states have laws like this one and they work. In fact, the divorce rate in these states has come down since these laws were passed.
Can I see the text of the Parental Parity Bill?
Sure -- Click here
How can I help get this bill passed?
This bill is presently being reviewed by the House Committee on Civil Law and the Judiciary (as of June 26, 2001). The eleven members of this committee must agree to let this bill move forward for a vote by the entire House. The Committee hears testimony from the public as well as special interest groups before making a decision. You can support this bill by:
Join Dads of Michigan or make a donation to the Dads of Michigan PAC. Dads made this bill happen and our Executive Director is frequently in Lansing lobbying for our cause.
Come to the Committee hearings on this bill and tell your story. Tell them why forcing fathers out of their kid's lives is absolutely wrong and is contributing to societal problems.
Come to the Dads of Michigan monthly meetings to meet the legislators who introduced this bill and show your support. We've hosted State Senator Bill Bullard and Rep. Andrew Razckowski.
Write to your own state legislators to tell them how important this bill is to you. You can look up who your legislators are at www.michiganlegislature.org.
Write to the Committee members expressing support for this bill. Be very polite!! We know this is an emotional issue, but being angry or obnoxious only hurts our cause. The Committee members are:
Representative Jim Howell (Committee Chair)
Representative Andrew C. Richner
Representative Stephen F. Adamini
Representative Jennifer Faunce
Representative Alexander C. Lipsey
You can send a letter to these legislators at:
Michigan
House of Representatives
Representative Name
P.O. Box 30014 Lansing, MI 48909-7514